RIZNIYA v. NAUSHAD

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CA
Rizniya v. Naushad
343
RIZNIYA
v.NAUSHAD
COURT OF APPEALUDALAGAMA, J. ANDNANAYAKKARA, J.
CALA NO. 105/2001
BOARD OF QUAZI NO. 837/88/T
NOVEMBER 27, 2001
Muslim Marriages and Divorce Act, No. 13 of 1951 – S. 43, 44, 50, 60 (1) -Divorce granted by Quazi – Application in Revision to the Board of Ouazi refused- Is it a final appeal or interlocutory appeal?
On a preliminary objection, that the appellant is precluded from seeking leaveto Appeal?
Held:
Once the Board of Quazi makes an order in Revision in accordance withsection 44 (3) it has the effect of an order made by Board of Quazi, onappeal from an order by a Quazi which attracts a right of appeal.
The order complained of is an appealable order with leave of the Courtfirst obtained.
APPLICATION for Leave to Appeal from the order of the Board of Quazi.Case referred to :
Amera Jabir v. Fahis Yasmin Jabir – CA No. 134/80 (Not followed).
CA No. 784/96.
Farook Thahir for petitioner.
A. Samsudeen for respondent.
Cur. adv. vult.
346
Sri Lanka Law Reports
[2002] 2 Sri Lft
order by a Quazi. Therefore, once the Board of Quazi makes an orderin revision in accordance with section 44 (3) it has the effect of anorder made by the Board of Quazi on appeal from an order by aQuazi which attracts a right of appeal. Therefore, I am of the viewthat the order that is being canvassed is an appealable order withleave of the Court first obtained.
UDALAGAMA, J. – I agree.
Preliminary objection overruled. Order is an appealable order withleave of the Court first obtained.
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